Alabama Rental Application

What type of information should landlords collect?

To select qualified tenants, landlords should collect specific information from applicants to help narrow down their options. Alabama rental applications provide the following details about prospective renters:

• Personal information: The name of the applicant and any co-applicants or co-signers, as well as contact information, date of birth, Social Security Number, and emergency contacts

• Financial information: Records of the applicant’s income, rental, employment, and credit history

• Landlord and employer references: Optional proof of employment and good standing with previous landlords

• Rental history: Determining where the applicant used to and currently resides

• Pets: Whether or not the applicant has pets, how many, and what type. Includes emotional support animals (ESAs) and service animals

• Smoking status: Whether the applicant smokes and if they intend to smoke on the property

• Vehicle information: Details about the applicant’s vehicles, including make, model, year, and license plate number

Because of the sensitive nature of this information, federal and state laws govern what data landlords can collect and how they can use it during the application process.

This article outlines everything landlords need to know about Alabama rental applications. TurboTenant also offers free rental application templates to help landlords cover these details.

Pre-Screener

To determine whether a candidate is a good fit for a rental dwelling unit, landlords can ask prospective tenants to complete a pre-screener.

This form covers basic details such as the applicant’s contact information, smoking status, employment, income, and how many people or pets will live in the unit. Landlords may also ask applicants to self-report their credit score and provide a desired move-in date.

Pre-screeners, like the sample ones available through TurboTenant, help landlords quickly sort through applications to identify suitable renters. While not required by Alabama landlord-tenant laws, pre-screeners can save landlords and applicants valuable time.

Federal Application Laws

Certain laws govern the rental application process nationwide. Landlords must keep these regulations in mind when handling applications and conducting background checks to remain fully compliant with federal rental laws.

Fair Housing Act (FHA) 

The federal Fair Housing Act prohibits landlords from discriminating against rental applicants based on protected characteristics such as race, color, religion, national origin, sex, disability, and familial status.

Landlords may not deny an applicant solely because of these factors. They also cannot ask questions that reveal whether an applicant belongs to a protected class, such as inquiries about religion or nationality, and cannot advertise to or against specific groups. The FHA also protects tenants from unequal lease terms or eviction based on these characteristics.

All property managers and landlord employees must comply with the FHA, as landlords can be held liable for discriminatory actions taken by their staff. To find qualified tenants while remaining compliant, landlords should focus on creating a consistent, fair tenant screening process that avoids all forms of discrimination (Fair Housing Act).

Equal Credit Opportunity Act (ECOA)

Like the Fair Housing Act, the Equal Credit Opportunity Act protects applicants from discrimination based on sex, race, religion, and marital status.

The ECOA also prohibits landlords from discriminating against applicants who receive public assistance for rent or credit. In addition, it regulates how landlords use credit history during the rental application process, ensuring that credit assessments are applied fairly and without bias (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act prohibits landlords from discriminating against prospective renters based on a disability. Applicants cannot be denied housing solely because of a disability, and landlords must avoid using language that reflects bias against individuals with disabilities.

Landlords must allow tenants with disabilities to make reasonable and necessary modifications to a rental unit, including permitting service animals, providing access to designated handicapped parking spaces, and more (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act governs how landlords can use credit reports during the rental application process. Landlords must obtain written consent from the applicant before running a credit check.

If a landlord denies housing based entirely on the applicant’s credit history, they must provide notice and include details about the credit reporting agency used (Fair Credit Reporting Act).

Alabama Application Laws

In addition to federal regulations, Alabama state laws also dictate what information landlords can request on a rental application and whether an applicant can be lawfully denied based on that information.

The Alabama Fair Housing Law, located in Title 24, Chapter 8 of the Alabama Code, mirrors the federal Fair Housing Act by protecting tenants from discrimination during the application process based on specific characteristics.

However, unlike some states that extend additional protections, Alabama’s law covers only the same protected classes recognized under the federal statute and does not include any additional categories for rental applicants or tenants.

Source of income: Alabama law does not prevent landlords from discriminating based on an applicant’s source of income.

Criminal history: Landlords in Alabama are legally allowed to review an applicant’s criminal history as part of the rental application process. However, they must evaluate criminal records on a case-by-case basis, considering the nature, severity, and recency of the offenses before making a decision.

Eviction history: Landlords in Alabama may consider an applicant’s past eviction history when selecting a tenant.

Sexual orientation & gender identity: Alabama law does not protect tenants from discrimination based on sexual orientation or gender identity, though federal protections under the Fair Housing Act may still apply.

Pets, ESAs, and Service Animals

In Alabama, landlords may prohibit pets in their rental units. However, under the federal Fair Housing Act (FHA), landlords must make reasonable accommodations for tenants with disabilities who require assistance animals, including emotional support animals (ESAs) and service animals. These animals are not considered pets and are exempt from pet-related restrictions and fees.

While landlords cannot charge pet fees or deposits for ESAs or service animals, tenants are responsible for any damage caused by these animals.

Pet information: As part of the application process, landlords should ask prospective tenants whether they have pets, emotional support animals (ESAs), or service animals. If pets are allowed, consider including a section in the application to collect details such as the number of pets, size, and type.

Fair Housing Act: Under federal fair housing laws, landlords cannot discriminate against applicants with emotional support animals (ESAs) or service animals. They also may not charge additional fees such as pet deposits or pet rent. Finally, landlords cannot deny applicants based on the breed, size, or weight of a service animal or ESA.

Denial Process

If a landlord determines that a tenant is not a good fit, they must deny their application consistently and in compliance with the law. Landlords may reject applicants for reasons such as insufficient income, unsatisfactory credit, poor eviction history, or criminal background. They may also deny applications that include false or incomplete information.

Denial notice: Alabama law does not require landlords to notify applicants when they’ve rejected an application or to provide reasons for the rejection.

Credit/background denials: Per the FCRA, landlords who reject tenants based on credit history must provide written notice stating that the denial was due to information in the credit report.

This notice must include the following information:

• Name of the organization that performed the credit and background check
• Reminder of the applicant’s right to dispute the decision
• Contact information of the reporting agency

Document storage: Though Alabama law does not require landlords to retain documents related to application denials, landlords are strongly encouraged to keep these forms and reports. Maintaining this documentation can help protect against discrimination claims during the application process.